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HILLMAN v. CARLTON CO.

No. A99A1028.

522 S.E.2d 681 (1999)

240 Ga. App. 432

HILLMAN v. CARLTON COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied October 20, 1999.

Certiorari Denied February 25, 2000.

Attorney(s) appearing for the Case

Mathis, Cannon & Cormack, J. Philip Cannon, Albany, for appellant.

Watson, Spence, Lowe & Chambless, Thomas S. Chambless, Albany, for appellee.

MILLER, Judge.

Johnell Hillman, Jr. sued Carlton Company for injuries arising out of a forklift malfunctioning and dumping Hillman 20 feet onto a concrete floor. Carlton, which maintained the forklift, defended on grounds that Hillman voluntarily assumed the risk of the fall by climbing onto the vehicle's forks despite his awareness of visible warnings prohibiting such. Agreeing that Hillman assumed the risk, the court granted Carlton's motion for summary judgment...

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